Ajap Ali v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.20459 of 2025 1.Ajap Ali 2.Kalifullah Khan 3.Shahul Hameed 4.Hidayathullah ... Petitioners Vs.

1.The District Revenue Officer, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Sub Registrar, Sub Registrar Office, 1/6

5.Ajmeer Ali 6.Hameeda ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent Sub-Registrar, Tirupattur, not to register any sale deed, settlement deed, gift deed, mortgage or encumbrance in respect of the property situated at Kottaiyiruppu Village, Tirupattur Taluk, Sivagangai District, measuring 1 Acre 42 Cents in Survey No.184/2G2, covered under Patta No.28 and subsequently Patta No.1151, till the disposal of the pending enquiry before the first respondent / District Revenue Officer.

For Petitioners : Mr.S.Samuel For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 to R.4 Mr.VA.Shanmugaraj for R.5 & R.6

ORDER

Heard both sides.

2.The writ petitioners and the fifth respondent are siblings. The petition mentioned property belonged to their father Thiru.Mohammed 2/6

Ibrahim. However, it is stated that the fifth respondent managed to obtain an independent patta in his name, and based on the same, he had also executed a settlement deed in favour of his wife / sixth respondent herein. The patta has also been mutated in favour of the sixth respondent. Challenging these developments, the petitioners have now moved the District Revenue officer, Thirupathur Taluk. The next enquiry is to be held on 10.10.2025.

3.The first respondent is directed to conclude the enquiry on merit and in accordance with law on or before 31.10.2025. The writ petitioners have a justified apprehension that if further alienations are permitted during the intervening period, they would be put to great hardship. Since the first respondent is actively seized of the matter, in the interest of justice, a restraint order for a short period can also be granted. The fourth respondent shall not entertain any document for registration in respect of the petition mentioned property for exactly within a period of eight (8) weeks from today.

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4.I make it clear that the grant of this restraint order for a period of eight weeks does not mean that this Court has accepted the claim of the writ petitioners. The writ petitioners may have to eventually establish their case only before the jurisdictional civil Court if the first respondent passes any adverse order. I have not gone into the merits of the matter at all. Only breathing time has been given to the writ petitioners. 5.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Revenue Officer, 2.The Revenue Divisional Officer, 4/6

3.The Tahsildar, 4.The Sub Registrar, Sub Registrar Office, 5/6

G.R.SWAMINATHAN, J.

MGA 24.09.2025 6/6